The UNHRC passed resolution 25/1 to promote “reconciliation, accountability and human rights in Sri Lanka,” and asked the OHCHR to begin a comprehensive investigation into “alleged serious violations and abuses of human rights and related crimes by both parties” during the period covered by the LLRC. The government refused to assist the OHCHR in its inquiry. In response to subsequent UN requests for the government to cooperate with the investigation, the government publicly rejected the investigation and declined to cooperate in any way.” US Human Rights Report 2014

The recently released 2014 US Human Rights Report has vehemently denounced the governing style of the Rajapaksa regime. The State Department report also reflects that its contempt of the previous regime is an indication that Sri Lanka now needs to enter the American orbit. In presenting the 2014 Annual Country Reports on Human Rights Practices, the US provides a forceful and pugnacious judgment of the previous Rajapaksa administration’s entire second term not only for the year 2014 as mandated by the US Congress in reporting human rights practices on individual nations but also for the past period.

The Rajapaksa regime did not heed the call of the United States and some Western powers to arrange a ceasefire with the leadership of the LTTE which faced an imminent defeat in the final weeks in May 2009, a State Department design to prevent a total annihilation of the secessionist movement to save the group as a ‘pressure group’ to check the purported ‘Sinhalese chauvinistic tendencies’ of the nation’s governance. The final report in its Sri Lanka section has been refined and broadened obviously since the advent of the Sirisena-Wickremesinghe administration. The contents of the report indicate the need for Sri Lanka to adhere to Washington’s call that Sri Lanka needs to cooperate with Geneva to settle its accountability and transparency issues. It is to be noted that both Sri Lanka and Israel have been accused of violating international humanitarian law (IHL) and international human rights law (IHRL) at the UN Human Rights Commission in Geneva, but in dealing with these two nations the United States has taken two contradictory positions: the US has supported the Israeli decision to boycott the UNHRC sessions that discuss Israeli violations while the US was critical of the previous Rajapaksa regime’s decision to maintain a distance from the Geneva process. Israel refused entry to a UNHRC official for investigation of alleged violations in the Gaza Strip during its battle with Hamas. In fact, the US sponsored three resolutions were critical of the manner in which Sri Lanka handled the final stages of the military battle against the secessionist Tamil Tigers bringing accountability and transparency into the debate and deliberations.

interview The American Ambassador-designate to Sri Lanka Atul Keshap who visited Colombo in June 2014 as Deputy Assistant Secretary in the South Asia Bureau was critical of Sri Lanka’s Rajapaksa administration’s decision to keep a distance from the UNHRC.”Sri Lanka risked joining the likes of North Korea, Iran and Syria by refusing to cooperate with international probes”, said Atul Keshap, during his three day visit to Sri Lanka, in an interview with the media. Atul Keshap testified before the US Senate Foreign Affairs Committee on 23 June before confirmation as the new American Ambassador to Sri Lanka.

This piece attempts to demonstrate the duplicitous stance taken by the US which is also a blatant human rights violator as seen in its activities in Guantanamo Bay and in Vietnam in particular. “Kill Anything That Moves”: this title is taken from an order given to the US forces who slaughtered more than 500 Vietnamese civilians in the notorious My Lai massacre of 1968. Drawing on interviews in Vietnam and a trove of previously unknown US Government documents including internal military investigations of alleged war crimes in Vietnam, Nick Turse – Managing Editor of TomDispatch.com and author of ‘Kill Anything that Moves’ – ‘The Real American War in Vietnam’ argues that US atrocities in Vietnam were not just isolated incidents, but “the inevitable outcome of deliberate policies, dictated at the highest levels of the military.”

The duplicity of the United States in the protection of human rights in the world is very evident from their own horrifying record of human rights abuses which remain un-probed by any international investigation up to date. During the Vietnam War the US Forces committed innumerable horrifying atrocities as revealed in the Vietnam War Crimes Working Group Files a collection of (formerly secret) documents compiled by Pentagon investigators in the early 1970s, confirming that atrocities by US forces during the Vietnam War were more extensive than had been officially acknowledged. Of the 26 US soldiers initially charged with criminal offences or war crimes for actions at My Lai, only William Calley was convicted. Calley only served three years and a half in ‘House Arrest’ instead.

In cowardly drone attacks the US massacred large numbers of innocent women and children in Pakistan, Afghanistan and other Muslim countries in the world. Subsequent to the 9/11 attacks in the United States by the Al-qaeda, United States appears to be engaged in a witch-hunt indiscriminately murdering human beings all over the world in acts of unwarranted revenge targeting innocent Muslims wherever and whenever it suits them to do so.

terrorizingThe American website Policymic reported thus: ‘Meanwhile, US drones are killing children and terrorizing families abroad. Earlier this year, the Bureau of Investigative Journalism found that 176 children have been murdered in Pakistan alone. And along with drone attacks an average of 4.8 children are killed per day in Afghanistan where earlier this year, a US sergeant is reported to have killed nine children. Will these murders be deemed worthy of our thoughts and prayers, or even our news headlines? When we worry about the safety of our children, we forget that it is our drone strikes, our money and our democratically-elected government that cause the same fear in select countries around the world.

And yet, Americans are going to spend thousands of hours supporting or protesting various gun laws to “save the children,” here at home. But in reality, Americans could save many more children if they protested our own government’s killing of hundreds of children abroad. But Americans won’t spend their time this way, even if it would save more children’s lives. It seems that Americans should care when any child is murdered, not just when American ones are.’

The truth behind the deceitful American concerns about human rights violations in Sri Lanka is to bully Sri Lanka into submission so as to make our motherland a power base in Asia subservient to the edicts of the US Government.The US Government under the Bush Administration adopted the American Service-members’ Protection Act (ASPA) in an attempt to protect any US citizen from appearing before the International Criminal Court (ICC). The ASPA is a United States federal law introduced by US Senator Jesse Helms as an amendment to the National Defence Authorization Act and passed in August 2002 by Congress. The stated purpose of the amendment was “to protect United States military personnel and other elected and appointed officials of the United States Government against criminal prosecution by an international Criminal Court to which the US is not a party.” It authorizes the US President to use “all means necessary and appropriate to bring about the release of any US or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.”

This has led to the nickname, ‘The Hague Invasion Act,’ since such freeing of US citizens by force might only be possible through an invasion of The Hague, Netherlands, the seat of several international Criminal Courts and the seat of the Dutch Government. The Act prohibits federal, State and local governments and (including Courts and law enforcement agencies) from assisting the Court. For example, it prohibits the extradition of any person from the United States to the Court; it prohibits the transfer of classified national security information and law enforcement information to the Court; and it prohibits agents of the Court from conducting investigations in the United States.

responsibilityThe said Act interferes with the application or implementation of the principle of command responsibility when applied to US citizens. US President Obama is liable to be charged before the ICC for war crimes committed under his command responsibility by the ongoing drone attacks. In conclusion, it must be said that a day of reckoning will come even to a very powerful nation as shown in history. Sri Lankans are a dignified courageous and a peace-loving nation whose spirit can never be broken down by threats, torture or a show of force. There is peace and tranquility in our land and the great majority of the Sri Lankans do not desire any foreign interference in the internal affairs in their land.

U.S. Senator Robert Menendez (D-NJ), Chairman of the Senate Foreign Relations Committee has written to the UN High Commissioner for Human Rights, Navi Pillay to express his support for the U.S. sponsored resolution at the current session of the UN Human Rights Council that calls for an international investigation into Sri Lankan war crimes committed during that country’s civil war.

In the letter, Senator Menendez noted that the Committee is concerned with the deteriorating environment for the democratic process and human rights in Sri Lanka.

Senator Menendez in his letter said that until the Sri Lankan government engages in genuine reconciliation that serves to strengthen the long term stability of the country, he will support international efforts to promote accountability, political reconciliation and reform.

I am writing to express my support for a resolution at the current session of the UN Human Rights Council that includes an international investigation in Sri Lanka for crimes committed during that country’s civil war. Sri Lankan government-led efforts to address these issues have proven inadequate to date, requiring a more active and urgent response by the international community. We must be united in our message to the government of Sri Lanka: the international community will remain vigilant until we see concrete and credible accountability and genuine political reconciliation.

A democratic and stable Sri Lanka that represents the aspirations of all its people is in the interests of the United States and the international community. I am concerned that if accountability and political reconciliation are not addressed in a serious and sustainable way, Sri Lanka could once again return to the divisions that have plagued the country throughout its history. I acknowledge that addressing issues of accountability following a conflict is a long term process in the best of circumstances. But it is also one that requires the political commitment of the host government, something that, as you note in your recent report, is clearly is lacking in Sri Lanka.

Over the past year, this committee has noted with concern the deteriorating environment for the democratic process and human rights in Sri Lanka. While this is particularly acute in the north, there are also disturbing reports of an increasingly authoritarian approach across the South and East.

The central government squandered any good will resulting from the election of the Northern Provincial Assembly last November by limiting the ability of the leadership of the assembly to operate and produce results for their constituents. The Chief Minister has been given little latitude to implement reforms that would benefit those living in the north. The 13th amendment to the constitution, which was supposed to empower the provinces and provide for genuine political representation at the local level, provides the legal vehicle for reform and dialogue. Unfortunately Colombo has passed up the opportunity to fully implement this amendment and has not substantively engaged with the Northern Provincial Council leadership in a meaningful dialogue on political reconciliation.

Several other factors have exacerbated tensions between the central government and Northern Provincial Council leadership. First, the large presence of Sri Lankan military remaining in the north has angered the local population who see it as an occupation force that is there not to provide security, but benefit economically from the region.

Second, the civilian population in the north, particularly women and children remain disproportionally affected by the war. Access to mental health services is very limited so these individuals continue to suffer the invisible wounds of war with no relief. Despite this clear need, the provision of mental health professionals to the north has not been forthcoming. As a good faith measure, the government should increase the availability of mental health professionals in the north to address this health crisis.

According to several indicators, Sri Lanka has grown increasingly repressive in the years since the end of the war. Minority religious communities, especially Muslims and Christians have been attacked with impunity by extremist groups over the past year, with an inadequate response from law enforcement authorities and the government.

Press freedom also continues to suffer in Sri Lanka. According to Reporters without Borders, independent journalists are repressed which has led to self-censorship among those critical of the government. According to Freedom House’s rankings on press freedom, Sri Lanka ranks last among the countries of South Asia. U.S. Senate Foreign Relations Committee staff recently met with journalists in Jaffna who shared graphic accounts of attacks on newspaper printing presses and individual journalists. Until journalists are indeed free to report and provide some measure of public accountability, all of Sri Lanka’s institutions — government, judiciary, business and civil society — will suffer.

Since 2009, the government has taken substantial steps to rebuild infrastructure in the north destroyed during the war. New bridges, roads and buildings can be seen throughout the region. This development is welcomed, should not be ignored and shows that the government is capable of taking concrete and measurable action. Development projects are not however a substitute for true political reconciliation. Until the Sri Lankan government engages in genuine reconciliation that serves to strengthen the long term stability of the country, I will support international efforts to promote accountability, political reconciliation and reform.

I want to thank you for your personal commitment to accountability and democratic reform in Sri Lanka. Your visit to the country last August helped to frame the issues for those who seek an inclusive and democratic future for Sri Lanka.

A Tamil National Alliance (TNA) delegation led by R. Sampanthan met US and British envoys in Colombo on Monday and discussed the US-led resolution to be submitted at the ongoing United Nations Human Rights Council (UNHRC) sessions in Geneva, informed sources said.

The resolution calls for an international inquiry into alleged war crime allegations against Sri Lanka.

The TNA delegation comprising parliamentarians Mavai Senathiraja and M.A Sumanthiran on two separate occasions met British High Commissioner John Rankin and then the US Embassy Chargé d’Affaires William Weinsteinin in Colombo.

“Yes we met the British High Commissioner and the Deputy Ambassador and a US embassy official and discussed the ongoing UNHRC sessions,” Mr. Sumanthiran told Daily Mirror but he declined to comment further about their meetings with the envoys.

Informed sources said TNA held lengthy discussions with the envoys about the US-sponsored proposal to be presented at the UNHRC session on war crime allegations.

Earlier, the TNA had welcomed the US-sponsored draft resolution that seeks an international probe led by the High Commissioner for Human Rights and said it looked forward to a stronger resolution after revisions ahead of the voting at the Human Rights Council in Geneva. (Sunil Jayasiri)

Statement by U.S. Under Secretary of State Sarah Sewall
Under Secretary of State for Civilian Security, Democracy, and Human Rights

As delivered

Remarks at the 25th Session of the United Nations Human Rights Council
March 4, 2014

Mr. President, Excellencies, five years ago — with a deep commitment to the promotion of human rights and considerable concern over how this Human Rights Council was functioning — the United States government pledged to work with countries everywhere to reform this Council’s approach and enhance its credibility, so that it could better fulfill its important mandate to investigate and call attention to violations of universally-recognized human rights. While much more remains to be done, I am here today to take stock of where we are and to re-iterate the US pledge.

I reaffirm, as well, the unswerving commitment of the United States to democracy and human rights. No where is this commitment more immediate than in Ukraine where for months tens of thousands took to the streets to demonstrate again the power of people to demand more democratic and accountable governance, in some tragic cases sacrifing their lives in the effort to make their voices heard. In responding to these developments, we should begin by insisting that all states respect Ukraine’s territorial integrity and the right of the Ukrainian people to shape their own political destiny. The United States categorically rejects the false pretenses put forward by the Russian Federation to justify military incursions into Ukraine’s sovereign territory. There is absolutely no evidence of human rights violations of the Russian-speaking minorities; and if concerns do emerge, the United States is prepared to work with Russia, the Human Rights Council and other relevant bodies, including the OSCE, to address them.[…]